Revolutionary War Pension and Bounty Land Warrant Application File W. 16256, John Fitzgerald, New York

SERVICE
NUMBER
New York
Fitzgerald, John Sarah
N 16256
CONTENTS

126 New York
Sarah Fitzgerald of John Fitzgerald.
Died on the 21 st day of June 1818. in the State of New York who was a private in the Company commanded by Captain Peters of the _____ commanded by General Herkimer in the New York for 12 months. N.Y.
Inscribed on the Roll of New York at the rate of 40. Dollars & Cents, per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10th day of April 1838 and sent to Giles F. Yates Esq.
Arrears to the 4th of March 1838. $ 280. 00 Semi-annual allowance ending 4 Sept. 1838. 20 : 00.
$300.00.
{ Revolutionary Claim, Act July 4, 1836, Section the 3rd. }
Recorded by Dykstra Clerk. Vol. 2 Page 108.

STATE OF NEW-YORK, ss.
On this 29 th day of August 1837 , personally appeared before me Samuel W. Jones First Judge of the County Courts in & for the County of Schenectady in said State Sarah Fitzgerald a resident of the town of Rotterdam in the county of Schenectady and State of New York, aged seventy nine  seventy nine years, who being first duly sworn according to law, doth on her oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 4, 1836: That she is the widow of John Fitzgerald who was a private soldier in the war of the revolution, as particularly set forth in the annexed documents.
She further declares that she was married to the said John Fitzgerald on the or about the month of  November , in the year seventeen hundred and seventy-six ; that her husband, the aforesaid John Fitzgerald , died on the twenty first day of June 1818 and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereunto annexed.
Sworn to, and subscribed, on the day and year above written, before me. Note that the words "seventy-nine" were written in cursive. Sarah X Fitzgerald mark S. W. Jones, First Judge of Schen. County
I, Samuel W. Jones before whom the foregoing declaration was subscribed and sworn, hereby certify, that said Sarah Fitzgerald cannot write her name, but makes her mark owing to blindness & old age, for which cause also, she is unable to attend court. Given under my hand the day & year first aforesaid. S. W. Jones
The above Declarant Sarah Fitzgerald , being further duly sworn & examined, deposeth & saith, that she was married at the time set forth in the foregoing declaration by her signed at Springfield in this State by a clergyman whose name this declarant cannot recollect but she believes it sounded like " Neen " & that he was pastor of a church at German Flatts

in said State - The marriage ceremony took place in Church & the following named individuals were present - Mr Campbell, the sister of this Deponent, Nicholas Pickett, Jost Conradt, Peter Conradt, & Nicholas Conradt, Catherine Pickett, Henry Bratt & one or two others whose names this declarant cannot now call to mind - all of whom this deponent believes have departed this life
And this Declarant further saith that her personal knowledge of the services of said John Fitzgerald extends to the following particulars - He served with the militia in the District of German Flatts (where he resided at the time) in the Company commanded, she thinks, by Captain Wetman under General Herkimer, & was at the battle of Oriskana - In this town he was absent from home at least two weeks. In the Spring of the following year viz 1778, her said husband enlisted & served in a Company of fatigue men, commanded as this Declarant believes by one Captain Peter & served in this Company until the following Spring, when he entered another company which this deponent believes was commanded by one Captain Beck & served

the said Company of Captain Peck for the term of one year - and that her maiden name was "Rutherford" & that she has no record of her age - Sarah her X Fitzgerald mark
On the 29 th day of August 1837, personally appeared before me the under- signed, Sarah Fitzgerald above named, who made oath, that the facts set forth in the above deposition by her signed are true & correct, according to the best of her knowledge recollection & belief.
S. W. Jones - First Judge of Schenectady County.

Albany County SS:
William M c Rown of the town of Guilderland in the County of Albany & State of New York being duly sworn deposeth & saith He was acquainted with John Fitzgould deceased & also with his widow called Sarah Rutherford when aged and truely believes them to have been married some time in the year of our lord 1776 that this deponent then about of 13 or 14 years of age lived in their neighborhood at the time the marriage took place although not present when the marriage was solemnised that him & his said wife lived about 16 or 18 miles from this deponent after this deponent was married & knows that that they had a number of children & this deponent further declares that he believes that the said John Fitzgould was a soldier in the Army of the United States in the Revolutionary War. and Further saith not Sworn and Subscribed { William M c Rown Before me this 5 th day of March 1838 Thos. Nelson Justice of the peace
And I certify that the above written W m M c Rown is a credible witness.
Thos. Nelson Justice of the peace

State of New York Albany County
ss: I Henry B. Haswell Clerk of the said County do hereby certify that Thomas Helme Esq. before whom the within Affidavit purports to have been sworn was on the day of the date of the same a Justice of the Peace in and for the said County and that his name subscribed to the jurat of the said affidavit is his proper hand writing and signature -
In Testimony whereof I have hereunto set my name and affixed the Seal of the said County this 6 th day of March 1838.
H. B. Haswell Clerk
House of Reps
April 6. 1838
I Have Known William McKim for more than thirty years & I do not hesitate to declare that he is highly respectable and worthy of all confidence, John S. D. Buff
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for WIDOW, &c.)
File No. 16256
Sarah Fitzgerald Wid of John Fitzgerald Rev Rev War
Act July 4 th  '36
Order: Vol. a , Page 238
[Arrangement of 1870.]

L. Fitzgerald
J. G. Edwards Esq.

Chenectada April 2 d 1838
J. L. Edwards Esq.
Commissioner of Pensions De Sir.
By the Enclosed letter received from you on the 26 th Jany ult o (X which I return to save you the trouble of referring to your files) it ap- pears, that the objection to the Application of Sarah Fitzgerald widow of John Fitz- gerald , is the want of sufficient evidence as to the marriage. I trust the enclosed affidavit as to that point, will prove satisfactory. Mr. W m McHown is the only person now living, that can be procured as such witness (Yours respectfully
Silas H. Wells

1. Filmore V3,026 In the matter of the application of Sarah Fitzgerald for a pension under the act of H te July 1836.
acmd 12 mo. pri 40 $
no deduction
Agent
Giles F. Yates
Schenectady
Hon J. D. Dillgraft N.Y.

State of New York County of Schenectady ss
I, Christopher Ward of the city of Schenectady in said County, aged eighty years being duly sworn and examined, do depose and say, that I was during the war of the revolution, well acquain- ted with John Fitzgerald the same person referred to and described in the annexed documents - that in the month of January 1779, I was in a Company of artificers at the Saratoga garrison, under command of Colonel Christopher Yates - that during my said service, the shop in which I was to do my work as a Blacksmith not being ready, in said month of January I was detailed to cut or chop oak knees to be used in the con- struction of boats for the use of the Amer- ican army - said John Fitzgerald being detailed for the same purpose, we became particularly acquainted, and I saw him almost every other day

thereafter - we served together in this business of chopping boat-knee into the month of April 1779 when said John Fitzgerald was transferred to a company of Battlemen commanded by Captain Joseph Peck in the Quarter Master's Department at the head of which was Col. Morgan Lewis - the said John Fitzgerald being while detailed as aforesaid, a member of a company of Battlemen commanded by Capt. William Peters and I further depose that I knew said John & said Sarah as husband and wife since (subscribed to wron) the year 1778 - this 28 th August 1837, } Chris Ward
before me Note - that the three last lines of this above affidavit commencing with "and I further" & ending with "the year 1778," were interlined before swearing
John M. Van Eps Justice of the peace John M. Van Eps before whom the foregoing affidavit of Christopher Ward has been taken, do certify, that I am well acquainted with said Christopher Ward & believe him to be a man of credibility & veracity. - August 28 th 1837. John M. Van Eps

The Deposition of Joseph Peck of the City of Schenectada in the County of Schenectada and State of New York aged eighty one years and upwards who testifies and says that he is a pensioner under the Act of 7: June 1832 having served as a Captain in the Department of the Quarters Master General of the United States during the war of the revolution that he this Deponent was during said war well acquainted with John Fitzgerald the same person referred to and described in the annexed documents and whose widow Sarah Fitzgerald is an applicant for a pension under the Act of 4 th July 1836. that said John Fitzgerald was a private in the Company of this Deponent during the year 1779 - the name of the aforesaid John Fitzgerald is on one of the engagements signed by some of the members of his said Company now forwarded to the Commissioner of Pensions and distinguished by the mark G from which this Deponent is satisfied and he accordingly so testifies that said John Fitzgerald or Fitzcharles enlisted in said company of this Deponent on the 14 th day of April 1779 to serve for the term of one year from that day and further that said John is the same person whose name is spelt Fitzcharles on said engagement. Joseph Peck
And this Deponent further saith that said John Fitzgerald served for the whole of said term of one year or at least this Deponent has no recollection to the contrary. Joseph Peck

4 On this 4 th day of September 1837 personally appeared before me the undersigned Joseph Peck to me well known who made oath that the facts set forth in the foregoing Depositions by him subscribed and sworn to and I certify that said Joseph Peck is a credible witness.
Albert P. D. H. a Justice of the Peace
The deposition of David Vanderkerden of the City of Schenectady in the county of Schenectady in the State of New York who testifies & says, that he is a pensioner of the United States under the act of Congress passed 7 th Jan 1832. That he this deponent was during said war well acquainted with John Fitzgerald the same person referred & described in the accompanying documents. That

The deposition of David Van Dykden of the City of Schenectada in the County of Schenectada & State of New York who testifies & says, that he is a pensioner of the United States under the act of 7th June 1832. That he this Deponent during the year 1777 and previously was acquainted with John Fitzgerald or Fitzcharles (as he was more commonly called) the same person referred to in the ac- companying documents. That this Deponent enlisted in the beginning of the year 1777, at the City of Albany in the Company of fatigue men, batteu- men & laborers under Command of Tunis Fisher (or Visscher) in the De- partment of the Quarter master General. During the war of the revo- lution I served in said Company for the term of one year. That said Fitzgerald was also a member of said Company & served at the same time & for the same term for which this Deponent served. The places at which said Company served were Fort Ann Lake George, Skeneateborough, Fort George Ticonderoga other places. in David Van Dykden mark

On this 7th September 1837 personally appeared Before me the undersigned David Ross Deputy Clerk to the under mentioned who made oath that the facts set forth in the foregoing Deposition signed by him are true and that to the best of his knowledge and belief that David Ross Deputy Clerk could not write his name for want of education.
AL. R. D. Ross Deputy Clerk to the Bench
[Handwritten signature]
J. Fitzgerald

State of New York County of Schenectady } Clerks Office
I Jo el C Brumham Clerk of said County of Schenectady do hereby certify that Samuel M Jones before whom the foregoing declaration & supplemental declaration of Sarah Fitzgerald purport to have been sworn, was at the time thereof First Judge of the Court of Common Pleas in & for said County duly commissioned & qualified and I do further certify that John H Ward before whom the accompanying depositions of Christopher Ward purport to have been sworn & A A Wedder before whom the accom- panying depositions of Joseph Park & David Van Stryland purport to have been sworn were at the dates thereof Justices of the Peace in & for said County duly commissioned and qualified, and I do further certify that I am familiar with the handwriting of the said Samuel Jones. John H Ward and A. A Wedder, have examined their subscriptions to said declarations & depositions with their accompanying certificates & I am fully satisfied that said subscriptions are genuine
In testimony whereof I have hereunto set my hand and affixed my official seal this first day of December 1837 J. C. Brumham Clk